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HomeMy WebLinkAboutORD 160 1993 0303ORDINANCE NO. 160 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING A CITY CONTRIBUTION TO THE CITY OF MOORPARK ASSESSMENT DISTRICT NO 92 -1 (MISSION BELL PLAZA) WHEREAS, the City Council of the City of Moorpark, California (the "City Council "), on August 19, 1992, adopted its Resolution No. 92 -880 (the "Resolution of Intention "), stating its intention to form a special assessment district under and pursuant to the Municipal Improvement Act of 1913 (the "Improvement Act "), being Division 12 of the California Streets and Highways Code, and to issue bonds related thereto under and pursuant to the Improvement Bond Act of 1915 (the "Bond Act "), being Division 10, including Part 10.7 of the California Streets and Highways Code, for the financing, acquisition, construction and installation of certain public improvements, the special assessment district to be known as "City of Moorpark Assessment District No. 92 -1 (Mission Bell Plaza)" (the "District "); and WHEREAS, the City Council, on November 18, 1992, adopted Resolution No. 92 -896, which preliminarily approved the Engineer's Report and set public hearings on the proposed District, the proposed work and improvements, the proposed assessments, the Engineer's Report and the City Council's intent to issue limited obligation bonds; and WHEREAS, on January 6, 1993, and January 20, 1993, the City Council conducted duly noticed public hearings, wherein certain owners of property liable to be assessed for the work and improvements filed written protests or objections and delivered the same to the City Clerk not later than the times set for the hearing of such objections; and WHEREAS, at the January 20, 1993, City Council meeting, the City Council opened the second public hearing, and in order to give the Public Works, Facilities and Solid Waste Committee (the "Committee "), of the City of Moorpark, California (the "City "), additional time to meet with concerned property owners, the second public hearing was continued to February 3, 1993, and then again continued to February 17, 1993; and WHEREAS, pursuant to the Committee's meetings with concerned property owners, it is in the best interest of both the City and the concerned property owners for the City to develop a deferment and loan program for certain owners of property within the District from its Los Angeles Avenue Area of Contribution funds (the " LAAOC Fund "), and for the City to make a contribution to the District from the LAAOC Fund for the cost of certain improvements; and 45503.1 45503.1 WHEREAS, moneys in the LAAOC Fund are eligible for, and may be used for, the purpose of constructing certain improvements within the District; and WHEREAS, on February 17, 1993, the City adopted its Resolution No. 93- passing on protests, approving the final Engineer's Report for the District, confirming the assessment, ordering certain improvements and other actions related thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. The City Council hereby determines that it is in the best interest of the City to authorize the contribution of approximately $236,000 in LAAOC Funds to the District (the "Contribution "), and hereby authorizes the Contribution to be deposited in the City of Moorpark Assessment District No. 92 -1 Improvement Fund. SECTION 3. The Contribution shall not constitute an indebtedness or liability of the City nor is the Contribution derived from ad valorem taxes on real property. SECTION 4. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 5. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 6. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of the City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark News, a weekly newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this 3rd day of March, 1993. Mayor of the City of MoorparV, California MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 160 was adopted by the City Council of the City of Moorpark at a meeting held on the 3rd day of MARCH , 1993, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES: NONE ABSENT: NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 4th day of MARCH 1993. Lillian E. Hare , City Clerk PAUL W. LAWRASON JR. SCOTT MONTGOMERY Mayor Mayor Pro Tem PATRICK HUNTER Councilmember BERNARDO M. PEREZ JOHN E. WOZNIAK Counalmember Councilmember Pniwen on PecydeC Pap-